Will the South Korean President be impeached and what happens next?

(CLO) Opposition lawmakers in South Korea have submitted a motion to impeach President Yoon Suk Yeol after he declared martial law on Tuesday (December 3). So what will be the next process and what will happen?

South Korean President's impeachment process

South Korean President Yoon Suk-yeol is facing impeachment as opposition lawmakers accuse him of violating his constitutional duties and committing a crime akin to treason by declaring martial law on Tuesday (December 3).

President Yoon Suk Yeol is facing impeachment after declaring martial law on December 3 (and later withdrawing it). Photo: ABC

President Yoon Suk-yeol lifted martial law before dawn on Wednesday, just hours after the opposition-controlled South Korean National Assembly rejected his efforts to ban political activities and censor the media.

The South Korean Constitution provides that the National Assembly has the power to impeach the President or other senior public officials if they are found to have "violated the Constitution or any law in the performance of their official duties."

Accordingly, a proposal to impeach the President requires a two-thirds majority of the votes of members of Congress to pass (while only a simple majority is needed to impeach other officials).

The National Assembly must vote on the matter within 72 hours of the impeachment request being made. The opposition in South Korea has already submitted a motion to impeach President Yoon Suk-yeol on Wednesday (December 4). That means the National Assembly will have to vote on it no later than Friday (December 5).

If the National Assembly votes to impeach the President, the case will be brought to the Constitutional Court for trial. While the trial is pending, President Yoon Suk Yeol will be suspended from office and Prime Minister Han Duck-soo will assume the role of acting President.

The Constitutional Court has up to 180 days to decide whether Mr Yoon committed the crimes charged by the National Assembly and whether those crimes are serious enough to warrant his impeachment. The court will decide on impeachment by a vote, and at least six of its nine justices need to agree for the impeachment to take effect.

Is there a chance of success for the opposition?

South Korea's unicameral National Assembly has 300 seats. The opposition Democratic Party, which is demanding the impeachment of President Yoon Suk-yeol, holds 175 seats. Other smaller parties hold 17 seats, and Mr. Yoon's People Power Party has 108 seats.

Lawmakers from the Democratic Party and other minor opposition parties submit a motion to impeach President Yoon Suk Yeol at the South Korean National Assembly on December 4. Photo: Yonhap

Thus, even if all other parties agree with the opposition Democratic Party, at least 8 lawmakers from Yoon Suk Yeol's People Power Party still need to vote against him for the decision to impeach the President to reach more than 2/3 of the seats (200 out of 300 seats) to be passed.

Although some members of the People Power Party have strongly opposed President Yoon Suk Yeol's declaration of martial law, it is unclear how many of them will vote unanimously to impeach the President.

What happens if President Yoon is removed from office?

If the Constitutional Court of South Korea votes unanimously to uphold the impeachment, President Yoon Suk Yeol will be removed from office. A new presidential election must be held within 60 days.

Two-thirds of the 300 members of the South Korean National Assembly need to agree for the impeachment of President Yoon to pass. Photo: Nikkei Asia

In South Korea's history, only two presidents before Mr. Yoon have faced impeachment proceedings since the end of military rule in the country in the 1980s.

Mr Yoon's former party leader, Park Geun-hye, was impeached and removed from office in 2017 on charges of bribery, abuse of power and leaking state secrets.

In 2004, President Roh Moo-hyun was impeached by the National Assembly for allegedly failing to maintain political neutrality as a senior state official. But the Constitutional Court overturned the impeachment and Mr. Roh was reinstated to serve his five-year term as president.

If Yoon Suk Yeol resigns before the Constitutional Court's ruling, Prime Minister Han Duck-soo will also take over as acting president. And within 60 days, South Korea must elect a new president, who will begin a five-year term.

Quang Anh

Source: https://www.congluan.vn/lieu-tong-thong-han-quoc-co-bi-luan-toi-va-dieu-gi-se-xay-ra-tiep-theo-post324194.html